Maritime Collision under the Qatari Law

Maritime collision incidents crop up from time to time on some of our shores, ports or territorial waters. Although such incidents are very few, they are of concern to maritime professionals e.g., insurers, vessel owners and shippers. Maritime collision in Qatar is governed by the Qatari Maritime Code No. 15 of 1980 (the "Maritime Code") and the Maritime Code sets out the scope of applicability of this legislation with respect to maritime incidents, allocation of liability in maritime collision, competency of courts to decide on maritime collision claims, and the priority of compensation for damage resulting from maritime collisions.

Applicability of the Maritime Code to maritime collisions

Article 187 of the Maritime Code states that, "In case of collisions occurring between sea-going vessels or between vessels and boats, compensation for damages to the vessel, objects and individuals thereof, shall be settled in accordance with the provision of this chapter, regardless of the territorial waters at which the collision occurred".

Vessel is defined under Article 1 of the Maritime Code as "any navigable structure normally operating, or intended for the purpose of operating, in navigation by sea, even if it is not intended for profit".

Accordingly, in order to apply the provisions of the Maritime Code to a collision in the sea, the collision has to be either between two vessels, or between a vessel and an inland navigation vessel (boat), otherwise the Maritime Code will not apply. Thus, a collision between vessel and dock will not be considered a maritime collision and consequently shall not be governed by the provisions of the Maritime Code.

Liability in Maritime Collisions

Under the Maritime Code, responsibility for collision damage is based upon a fault principle, where a colliding vessel will not be held responsible for damage to another vessel, unless the collision is caused by a deficiency in the colliding vessel or by negligence or a willful act on the part of its navigators. Accordingly, in case of an established default, the defaulting vessel shall provide compensation for damages caused by the collision¹. Moreover, it is always necessary to establish fault at the end of the colliding vessel, as the presumption of fault is not recognised under the Maritime Code, with respect to maritime collisions².

If the collision occurred as a result of a force majeure, or there were doubts about the causes of the collision, or the causes of the...

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